Jenks v Northamptonshire CC
Jenks v Northamptonshire CC
- 1993
- Property and Compensation Reports (1993) 66 P&CR 303-312(10) .
LT 28 April 1993. J sought compensation for depreciation in the value of a bungalowcaused by opening of a by-pass. The only physical factor which was alleged to have caused depreciation ranking for compensation under Land Compensation Act 1973 s1(2) was noise emanating from traffic on the by-pass, 166 metres from the rear boundary and 176 metres from nearest habitable room. Valuation date agreed at 2 February 1990; by-pass opened 1 February 1989. Prior to this there was no source of traffic noise to the rear. N contended that the noise level was not significantly higher than an assumed ambient noise level of 45dB(A) in a rural area and that no compensation was payable. Held, that the present intrusive traffic noise was neither insignificant nor occasional. £2000 awarded.
COMPENSATION
DEPRECIATION IN VALUE
LAND COMPENSATION ACT 1973 PART I
LAND COMPENSATION ACT 1973 S1(2)
PHYSICAL FACTORS
PUBLIC WORKS
RURAL AREA
TRAFFIC NOISE
LT 28 April 1993. J sought compensation for depreciation in the value of a bungalowcaused by opening of a by-pass. The only physical factor which was alleged to have caused depreciation ranking for compensation under Land Compensation Act 1973 s1(2) was noise emanating from traffic on the by-pass, 166 metres from the rear boundary and 176 metres from nearest habitable room. Valuation date agreed at 2 February 1990; by-pass opened 1 February 1989. Prior to this there was no source of traffic noise to the rear. N contended that the noise level was not significantly higher than an assumed ambient noise level of 45dB(A) in a rural area and that no compensation was payable. Held, that the present intrusive traffic noise was neither insignificant nor occasional. £2000 awarded.
COMPENSATION
DEPRECIATION IN VALUE
LAND COMPENSATION ACT 1973 PART I
LAND COMPENSATION ACT 1973 S1(2)
PHYSICAL FACTORS
PUBLIC WORKS
RURAL AREA
TRAFFIC NOISE